Loading...
HomeMy WebLinkAbout540387 MOGO MARKETNG & MEDIA INC - PURCHASE ORDER - 9147234Fort Collins Date: 12/08/2014 PURCHASE ORDER Vendor: 540387 MOGO MARKETING & MEDIA INC 21 TAMAL VISTA BLVD, STE 207 CORTE MADERA CA 94925 PO Number Page 9147234 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 12/08/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1. Mogo Interactive Network from 12/18/14 to 1/14/15 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $500D unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.00m 1 LOT LS 5,000.00 Total $5,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By mimic the City of Fort Collins is exempt f room and lash pares. Our Exemption Number is 11. NON WAVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 u registered with the Collator of Failure of the Pumhaper to insist upon strict performance of the terms end conditions hereof, failam or delay to Imerval Revenue, Denver, Colorado (Rcf. Colorado Revised Sooner 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofth, design, shall not release thc Seller of Goods Rejected. GOODS REJECTED due w failure no meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be roomed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfomtance hereof or any of its rights or remedies m to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchnser cathodes a waiver of any of the terms pspedion. GOODS are subjat to the City of Fort Collins inspection on arrival. hereof. Final Accepunce. Receipt of the merchandise, services or equipmmn in response to this order can result in 12.ASSIGNMENT OFANTITRUSTCLAIMS, amhorixed payment on the pan of the City of Fan Collis. However, it is to be undcrstued that FINAL Seller and the Purchaser reeognixe that in actual Vorwmic practice, o ereharga resulting fmm antiwar ACCEPTANCE is dependent upon completion of all applicable required inspection porcupines. violations are in hour borne by Nth Pombaser. Theretofore, for good cause and u consideration for executing this puchasee order, the Seller hereby assign to the Fmchator any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collins, T10 Wood St., Pon Collins, CO 80522, unless acquired under federal or sum antitrust laws for such overcharges delving to dre particular good or services otherwise specified on this order. If permission is given to prepay freight and charge upaomly, the original freight purchased or acquird by the Pupled Ohmat to this purchase order. bil I most accompany invoice. Additional charg. For packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to cared nonconforming or defective good by is date to be agreed upon by On expected from the nearest distribution point to destination, and excess freight will be deduied from Invoice when Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance, may cause the work to be performed by the most expeditious means available . it, and the Sella shall pay .11 costs acsaclared with such work. Permits. Seller shall procme at sellers mle cast all necessary permits, ver iGcates and licenses required by all applicable laws, regulations, mdimnes and tales of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly con,timmd public authority having jurisdiction over the work of rend.,. Seller f for agrees to hold the City of Fort Collins board. fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and mpuiremen¢. Autharivtion. All panic m this contract agree her the representatives are, in fact, Firm fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Pumhse Order expressly limits acceptmce to the tens and conditions stated herein set math and any mpplemenory or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmpracd by seller are rbj, mil m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imindiiely try.. cannot make complete shipment to arrive on your promised delivery date s noted. Time is of the essenn. Delivery and performance most be effected within tee time sod tea the purchase order and the documents a eafted hereto. No rats of the Purchasers including without limirmion, acceptance of raniol lam deliver., shall ope am as a waiver of Nis pro nsion. In the event ofmy delay, the Purchaer shall have, in addition to other legal and satiable remedies, the option of pacing this other elsewhere and holding the Seller liable for damages. However, the Seller shall cot be liable for damages az a dearth of delays due to causes not reasonably foraaable which tee beyond its reasonable central and without its fault of mgligmee, such sets of Gd, acts ofeivil or military authorities, govemmental provides. fires, strikes, flood, epidemics, wars or riots provided Nat notice of the conditions causing such delay is given to the Pumhsu within five (5) days of the time when the Seller first received knowledge therm l In the event of any such delay, the date of delivery shall be extended for the penod equal to the time actually lost by reason ofthe delay. 3. WARRANTY. Ile Sella warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, modifications, sarri ani other descriptions given, will be fit for the purimas intended, anal Performed with the highest degree of care and competence in mmrdase with accepted stmdard for work of a similar mtore. The Seller agrees to hold the purchaser harmless Tom my loss, damage m expense which the Purchmtt may suffer or apartment ..no, of the Sellers broach of warranty. The Selltt shall replan, open, or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of times maybe prescribed by law or by the terms of my applicable warmty provided by the Seller after the die of acceptance of for goods Perished hereunder (mocpimcm and In be ummsembly delayed), result., fmm properties or defective work done or materials famished by the Seller. Acceptance or use of goad by the Purchaser shall not onstim¢ a waiver of any claim under this wammny. Except s otherwise pmvided in this pumhsc order, the Sellers liability hereunder shall extend to all dam proximately caused by the breach of any of the foregoing wanamies Or gumantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FIT NESS FOR PURPOSE SHALL APPLY. 4. CHANGES M LEGAL TERMS, The Purchaza may make chang. to legal terms by wrnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to tee terms, other than legal terms. including anditions in or delnimu Form Re quantities ongimlly ode ed in the specifications or drawings, by verbal Or sources change order. If my such change ffiVas the amount dueor the time 0fperformance ammuld, an equitable Wjsment shall be made. 6. TERMINATIONS. The Puri may at any time by when change order, resonance this agreement s in my or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prufits on the unmmplVed portion of the good and/or work, for incidental or consalmntial damages, and that no such adjustment be made in favor of the Seller with respect to any prod which are the Sellers sundard smock. No such termination shall mlicve the Furchsc, or the Seller of any of their obligations s or my good delivered hemande, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserlcd within that (30) days from she date the change or termination is prdcrcd. S. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and agulatios or which the good are subject. The Seller shall execute and deliver such documents s may be required to effect or evidmce compliance. All laws and regulations required In be inempooted in agreements of this chimm,ev arc hereby incorporated herein by this reference. The Sell,, agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure w comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this end., or my mania du, Or w become due hereunder without the prior wrinm corm, of the other parry. 10. TITLE The Seller wari full, clear and mrestncted title w the Pumhaur far all equipmml, wtenals, and it. famished I. peammrma of Nis agreemann, free and clear of any and all lien. proundos, tec.tbm, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier Sam all liability and claims of any nature resulting fmm the Performance ofsuch work. This relVem shall apply even in the event of fault of negligence of the party relensed and shall extend to the directors, officers and employees protein party. The Sellers contractual obligations, including warranty shall not be domed to be demi. any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenevu the Sell,, is required n use any design, device, material Or pra rs covered by lens, patent, trademark or copyright. the Seller shall indemnify and sou harmless the Purchaser from any and all claims for infringement by reason of the true of such patented design, device, material or process in connection with the contract, and shall indemnify the Purd sser for any cast expense in damage which it maybe obliged to pay by reason of such infrngement st any time during the prosecution Or after the completion of the work. In ram said equipment, or any pan homer or the intended use of the good, is in such suit held to coslimre infirm enmm and the tope of said equipment Or pan u Joined, the Seller shall, in its own expense and at its option, either R. for the Purchaser rate right an continue sing said equipment or puts, seplace the mine with substantially equal but mninfringing txluiparni or modify it so it becomes nouinfnngirrg. 15. INSOLVENCY. If the Sella shall become insolvent at bankrupt, make an azsignment for the benefit of creditors, appoint a receiver err trustee for any of the Sellers property or business, this order may foMwith be canceled by Ne Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation carts, agreement and the rights of all parties hereunder shall he compared under and governed by the laws of the Sole ofColomdo. USA. The following Additional Conditions apply only in cases where the Seller is in perform work limundeq including the services of Sellers Reprmentmive(s), m the premises o(athrs. 17. SELLERS RESPONSIBILITY. The Seller shall many con said work at Sellers own risk until the same iz fully completed and accepted, and shall, in u of my accident, destruction or injury to the work annDa materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Pttrchser. When micrish and equipment are famished by others for monladon or erection by the Seller, Ne Seller shall receive, unload, stare and handle same at the site and became r.ponsible therefor az though such materials and/or equipment were being famished by the Seller under the mile, IS. INSURANCE. The Seller shall, at has own expense, provide for the payment of workers compensatioq including eccupatiomd disease benefits, or its employees employed on or in connection with the work carVed by this purchase order, andlor to their hp pVto in acoNance, with ,he laic of arc sate in which tbe work is to be done. The Shca shall also Ivry comprehensive gemral liability including but not limited w, contra I and automobile public liability in,urance with bably injury and tlmth limits of at lea, SOW.000 far any one person, S503,00o for any, one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contactors, if my, to provide for such commissions and immune. Before any of the Sellers or has contractors employees shall do any work upon the premises of others, the Seller shall famish tee PurcM1azer with a certificate that such compensation and insurance have been provided. Such cenifimtes, shall specify the date when such ontpeasatim and insurance have been provided. Such certificates shall specify the die when such compensation and insurance expires. The Seller places that such compensation and insurance shall he rnainained mail ova the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass es the entire responsibility and liabiliry for can, and of damage, loss or injury of my kind or mart whe., to persons or property mused by cur resulting from the execution of the work provided for in this Tambour order or in connection herewith. The Seller will indemnify and hold barmli s the Fondest and my or all of the purchasers officers, agents and employees fmm and against any and all cla de, passer, damag, charges or exceoses, whether direct in oxford, and whether 1. persons or property. which the Purchaser may be put m mbjat by reason of any set, who% myInt, omission or default on the pan of the Seller, my of his ammand, or any of Nc Sellers or conductors officers, agents or employers. In case my suit or other procedings shall be brought against the Purchaser, or its Officers, agents or employees at pay In. on mcomt or by reason of any act, action, neglect, omission or default of the Seller of any of his cano-adors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume tee defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, ammays fees and other expenses, any and all judgments that may be incurred by or obtained against the Putchasa or my of its or their otBcers, agents or employees in such suits or order proceedings, and in case judgment or or lien he placed upon or obtained against the pmpaty of the Purchaser, or said parries in or M a result of such suits or other pmecedings, the Seller will at aria cause the same or be dissolved and discharged by giving bond or otherwise. The Sell. and his Vandal.rs shall Like all safety precmdons, f 'sh and install ell guards naecvry for the prevention of accidents, comply with all laws and regulation, with regard 1a safety including, bur without limitation, the Oaupatioml Safety and Health Ad of 1970 and all holes and regulations issued pursuant harden. Revised 0JR014